Summary
granting mandamus to compel the trial court to hold a hearing as required by Florida Rule of Civil Procedure 1.610(d)
Summary of this case from Campbell v. Wells Fargo Bank, N.A.Opinion
Case No. 98-0842
Opinion filed March 27, 1998 JANUARY TERM 1998
Petition for writ of mandamus to the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Thomas M. Lynch, IV, Judge; L.T. Case No. FMCE 97-17862 3592.
Donald Loughran, Coral Springs, for petitioner.
Susan R. Brown of Susan R. Brown, P.A., Hollywood, for respondent.
Petitioner seeks a writ of mandamus to compel the trial court to set a hearing on his motion to dissolve a temporary ex parte injunction. We grant the petition.
The petition recites petitioner's substantial efforts in the trial court throughout February to have a hearing set on his two applications for same before filing the present petition to seek relief.
The amended response does not dispute petitioner's entitlement to a hearing on his motion within five days of the application as required by Florida Rules of Civil Procedure 1.610(d).
Accordingly, we direct the trial court to set a hearing date within five days of the issuance of this opinion. A rehearing will not be entertained.
GLICKSTEIN, DELL and FARMER, JJ., concur.